RONALD DAVID BACON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Gain Time Credit cases and more on FLexlaw
PER CURIAM.
Because appellant’s sentence of eight years incarceration with credit for 51 days in county detention and “any DOC time previously served” does not specifically cover any gain time which appellant may be entitled to receive, we vacate appellant’s sentence and remand this cause for farther proceedings. On remand, the trial court shall enter an amended judgment of eight years imprisonment with credit for both time served and gain time awarded. Although the trial court can delegate to the Department of Corrections the task of determining the amount of gain time to be credited, the trial court must specifically provide for the award of gain time. See generally Green v. State, 636 So. 2d 830 (Fla. 5th DCA 1994); Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992).
Sentence VACATED; cause REMANDED.
HARRIS, C.J., and GOSHORN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Genorval Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996)…Green credit, we recede from those opinions. Although appellee suggests that this conclusion conflicts with the decisions in Byers v. State, 652 So. 2d 1221 (Fla. 2d DCA 1995), Yourn v. State, 652 So. 2d 1228 (Fla. 2d DCA 1995), and Bacon v. State, 647 So. 2d 332 (Fla. 5th DCA 1994), we decline to so conclude, as none of those cases expressly appear to involve situations in which the sentencing court utilized the standard credit award language set forth in Rule 3.986(b). We do, however, certify the following…
-
Cleon L. Smith v. State, 685 So. 2d 912 (Fla. 5th DCA 1996)…en, 547 So. 2d 925 (Fla.1989). Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996); Smith v. State, 659 So. 2d 1222 (Fla. 4th DCA 1995); see also Tribute v. State, 21 Fla. L. Weekly D1989 (Fla. 3d DCA Sept. 4, 1996). This court in Bacon v. State, 647 So. 2d 332 (Fla. 5th DCA 1994), found such a provision to be inadequate when the issue was raised on direct appeal. It is not suggested by our opinion, however, that the Department of Corrections could refuse to give legally required gain time credit solely be…
-
Poole v. State, 669 So. 2d 1136 (Fla. 4th DCA 1996)…lthough a trial court may delegate to the Department of Corrections the task of calculating the amount of prison time to be credited, the trial court’s order must specifically adjudge that the defendant is entitled to receive it. See Bacon v. State, 647 So. 2d 332 (Fla. 5th DCA 1994). We have examined the other issues raised by appellant and find that they do not mandate reversal. Accordingly, this cause is remanded for correction of the judgment and sentence. FARMER and PARIENTE, JJ., concur. . The in…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)
- Green v. State, 636 So. 2d 830 (Fla. 5th DCA 1994)